I live in Indiana. My parents are 78 years old. My sister has accused my parents of abusing her as a child and my father sexually abusing her. This supposedly took place in the 1960's. She has been very disilussional all of her life and I know this has never taken place. She has threatened to have my dad put in prison and he is a nervous wreck about these allegations. What are his recourses/ Can he go to prison? You can understand his being 78 and hearing this for the first time.
Indianapolis, IndianaAlready Tried:
Nothing except to leave her alone.My dad is so scared that he willbe prosecuted for something he didn't do.
She has had a vedetta against him for along time and to come up withese allegations 40 some years after the fact has the whole family destroyed. Should he seek legal cousel in Indiana to protect himself?
Thank you for your question.
It may be difficult for your sister to bring charges against your father, considering the amount of time that has presumptively passed, unless your sister can prove that she had no knowledge of the abuse until recently.
Here are the relevant statutes:
Quoting Indiana Code § 35-41-4-2 - Periods of limitation
(a) Except as otherwise provided in this section, a prosecution for an offense is barred unless it is commenced:
(1) within five (5) years after the commission of the offense, in the case of a Class B, Class C, or Class D felony; or(2) within two (2) years after the commission of the offense, in the case of a Misdemeanor.
(b) A prosecution for a Class B or Class C felony that would otherwise be barred under this section may be commenced within one (1) year after the earlier of the date on which the state:
(1) first discovers evidence sufficient to charge the offender with the offense through DNA (deoxyribonucleic acid) analysis; or(2) could have discovered evidence sufficient to charge the offender with the offense through DNA (deoxyribonucleic acid) analysis by the exercise of due diligence.
(c) A prosecution for a Class A felony may be commenced at any time.(d) A prosecution for murder may be commenced:
(1) at any time; and(2) regardless of the amount of time that passes between: (A) the date a person allegedly commits the elements of murder; and(B) the date the alleged victim of the murder dies.
(A) the date a person allegedly commits the elements of murder; and(B) the date the alleged victim of the murder dies.
(e) A prosecution for the following offenses is barred unless commenced before the date that the alleged victim of the offense reaches thirty-one (31) years of age:
(1) IC 35-42-4-3(a) (Child molesting).(2) IC 35-42-4-5 (Vicarious sexual gratification).(3) IC 35-42-4-6 (Child solicitation).(4) IC 35-42-4-7 (Child seduction).(5) IC 35-46-1-3 (Incest).
(f) A prosecution for Forgery of an instrument for payment of money, or for the uttering of a forged instrument, under IC 35-43-5-2, is barred unless it is commenced within five (5) years after the maturity of the instrument.(g) If a complaint, indictment, or information is dismissed because of an error, defect, insufficiency, or irregularity, a new prosecution may be commenced within ninety (90) days after the dismissal even if the period of limitation has expired at the time of dismissal, or will expire within ninety (90) days after the dismissal.(h) The period within which a prosecution must be commenced does not include any period in which:
(1) the accused person is not usually and publicly resident in Indiana or so conceals himself or herself that process cannot be served;(2) the accused person conceals evidence of the offense, and evidence sufficient to charge the person with that offense is unknown to the prosecuting authority and could not have been discovered by that authority by exercise of due diligence; or(3) the accused person is a person elected or appointed to office under statute or constitution, if the offense charged is theft or conversion of public funds or bribery while in public office.
(i) For purposes of tolling the period of limitation only, a prosecution is considered commenced on the earliest of these dates:
(1) The date of filing of an indictment, information, or complaint before a court having jurisdiction.(2) The date of issuance of a valid Arrest Warrant.(3) The date of arrest of the accused person by a law enforcement officer without a warrant, if the officer has authority to make the arrest.
(j) A prosecution is considered timely commenced for any offense to which the defendant enters a plea of guilty, notwithstanding that the period of limitation has expired.
Depending on the specific allegations, pursuant to section (e), your sister may be obligated to pursue this cause of action prior to reaching thirty-one years of age.
Ultimately, in light of any allegations of this severity, it is probably a good idea to consult with local legal counsel who can understand the allegations against you, speak with your regarding the situation and advise you of all alternatives in your situation.
Please let me know if you have any other questions, or require clarification. Otherwise, please hit "ACCEPT", so I may receive credit for my efforts.
What should my parents also do because she called my mom and said she now owns a gun and would love to come over and kill my dad. I doubt she would but I told my dad he should call the sheriff immediately.
If he fears that she may take recourse, he may need to file for a restraining order. A restraining order would allow you parents to call the police on sight of her and would give the police the ability to arrest her before she commits a criminal act on the their property.
I am an attorney familiar with the above-stated subject matter.
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